illinois family law attorney

illinois family law attorney
paternity fraud money is back in the news, as the Tennessee State is on the edge of a trend-setter with the proposed state legislation which allows for the disestablishment of paternity.

Paternity benefit fraud is the popular name for the event that a man "duped" into fatherhood for a child that is not biologically related. The big problem with the paternity fraud is that a man is forced child support for these children, even after DNA evidence that he is not the biological father. The majority of states on an English common law doctrine, which establishes a presumption of paternity when a child is born in a marriage or 300 days after the divorce. The current goal of this lesson is to prevent the state from the payment of benefits to support the children.

While the mother-child relationship is usually determined at birth, the father-child relationship is more difficult to create. If the common law doctrine of paternity was the first time in more than 500 years, there has been no scientific tests to prove paternity. With the advent of DNA testing, the old presumption is outdated. The majority of countries have failed to reevaluate their paternity laws and have the old Town presumption.

Tennessee is considering a law, so that the disestablishment of the parents. The proposed law would amend the current law and order a man to escape child support obligations, if he can prove through DNA evidence that he is not the biological father. The new paternity law would not allow reimbursement for child support that have already been paid and only for the future Child Support payments. Moreover, the law would not allow disestablishment of paternity in three situations. These are:

1. If the father had legally adopted the child.
2. If the father has a voluntary recognition of paternity.
3. If at the time a child has been granted to support a court, the husband had actual knowledge that he is not the father.

If the paternity fraud bill to law, Tennessee would be one of a handful of states that a man to stop payment of child support if he can prove he is not the biological father. Trials, the presumption of paternity, with strong resistance from groups in many states. The majority of the arguments against the amendment of laws address if the father is deceived let the hook for child support, the child that is the victim. Opponents to the new law provides that the child's best interest should be the only concern.

Supporters of paternity fraud bill, that fraud should never be rewarded. They pointed out that these cases often arise because the woman that he has a sexual relationship from her husband. They believe that the applicable law excuses the behavior of women and creates a new victim.

Justice Scott is a practicing family law attorney in Tennessee. He is the author of Tennessee divorce and family law at http://www.justiceondivorce.com